Trademark Application in China: Questions & Answers

von Dr. Meyer-Dulheuer & Partners LLP

We have often reported why it is worthwhile to apply for a trademark. Of course trademarks can not only be registered in Germany or Europe, but on an international level as well. In recent years the people’s republic of China has opened itself more and more for western products and economic standards in order to catch up with other industrial nations. Thus it has developed into an interesting market. However the market entry in China involves some risks for foreign companies. Hence you should definitely remember to apply for a trademark in China in order to protect your intellectual property against counterfeiters. For this purpose we’ll offer some important backgrounds and advices.

Why should I even Apply for a Trademark in China?

An officially registered trademark is your only tangible protection against counterfeiters and infringers of your intellectual property. And there are numerous of them in China. So don’t risk losing your investments by renouncing your trademark application in China. This could be your most inexcusable failure and may entail losses of revenue and market shares. This will of course negatively affect your company’s image.

The Chinese public authorities have made major advances in recent years concerning their possibilities to fight product and trademark piracy. Without them you won’t be able to fight infringers of your intellectual property effectively. If you really want to use the public authorities’ help and if you want customs to stop exports of for example counterfeited products you should absolutely apply for the official registration of your trademark.

What has to be considered with a Trademark Application in China? Quickness

It might prove crucial to apply for your trademark as early as possible. Quickness will pay back as it often happens that counterfeiters themselves try to register foreign trademarks ...